Revolutionary War Pension and Bounty Land Warrant Application File S. 9,388, Ridley Drake, Va.

SERVICE
Va.
Drake, Ridly
NUMBER
S. 9388
carded
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

Virginia 23.357
Ridley Drake of Hampton in the State of Virginia who was a pr: — in the — commanded by Captain Rogers — of the Regt commanded by — in the Virginia line for 11 months — 23 days —
Inscribed on the Roll of Virginia — at the rate of $9 — Dollars 22 — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 th day of Jan 1834 and Supt T. R. Gray In witness whereof
  Arrears to the 4th of Sept 1833  98.05     Pemi-ant. allowance ending Jan 34  19.61  78.44     117.66  19.61      98.05  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Math. Rice Clerk, Book E Vol. 6 Page 9

State of Virginia Southampton County Set.
On this 19 day of November 1832 personally appeared in open Court before the Justices of the County Court of Southampton aforesaid now sitting Richard Drake a resident of the County and State aforesaid aged thirty years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of act of Congress passed the 7 th day of June 1832.
That he is a resident and native of the county of Southampton State of Virginia That he entered the service as a militiaman at the age of eighteen under the command of captain Lewis Joyner from the county of Southampton (as a volunteer) & marched to Norfolk and stayed there six weeks and next under capt Mumford being stationed at Babb's old field in Nansemond on the western Branch of Nansemond River for six weeks & then took a maniple (none not in collected) for six weeks more and was marching through the counties of Nansemond & Isle of Wight among that time col Wells, col Blunt & col Boush being the commanding officers That he served several tours under capt Joyner & capt Mumford in the counties of Nansemond at Meads mills Suffolk below Suffolk at Jones mills at Smithfield in Isle of Wight & in & near Norfolk & Portsmouth That they were never at any one place but marching through the country to the places at which the enemy were expected to appear That he was never in any engagement with the British during the war That he was

only in the country of Schoharie County and mona & Norfolk That he has no written discharge as it was not customary to give the military a written discharge That he cannot state the time he entered the service That he was under the command of col. Durst (his captain not recollected) & marching to Smithfield from Nansamona where he was discharged after the capture of Cornwall at York That he served more than two years the different terms of duty during the Revolution The annexed certificates will prove his service as stated above.
We Shadrach Beal of Cooper & Shadrach Beal do certify That we have heard the declaration read and are fully certify that he was in the service and served as he has stated near to one hundred and this day & date in open court.
Shadrach Beal of Cooper his Shadrach Beal Beal

The amended Declaration of Ready Scrable asks the 1. 2. & 7 interrogatories perused by the War department might the applicant states that he does not recollect in what year he was born nor has he any record of his age he states that he is known to Col. Genl. Bowers James L. Maupin Esq. Capt Benjamin Griffin (member of the Virginia Legislature
Mr. James Rochelle & many others of high respectability he also states that the certificate of Shadrach Beck & Shadrach Beal (of course) who are in the service & whom the court have certified for would be sufficient to establish his service & the age of the witnesses by reference to their declarations and as he cannot from lapse of time and infirmity be more particular as to the particulars of his service he hereby annexes the required certificate by the war department
Personally appeared before me the undersigned a justice of the Peace for the county of Southampton Ready Scrable who being duly sworn deposeth & saith that by reason of old age & the consequent loss of memory he cannot swear positively as to the precise length of his service but according to the best of his recollection he served more than two years in the revolution as a drafted militia man & always as a private soldier and for such service I claim a pension —
Ready X Scrable Benjamin Griffin
State of Virginia Southampton County to wit: I James Rochelle clerk of the County Court of Southampton in the State of Virginia do hereby Certify that Benjamin Griffin Esq: who has signed his name to the preceding Certificate is an acting Justice of the Peace for the County of Southampton in the State of Virginia duly commissioned & qualified according to the Constitution and Laws of the said State.
In testimony whereof I have hereunto set my hand and affixed the Seal of my Office this 9 th day of May 1833
James Rochelle Clk

He hereby relinquishes every claim whatever to a Pension except the present and declares that his name is not on the Pension Roll of the Agency of any State or Territory. Sworn to and subscribed the day and year aforesaid.
Ridley Drake
We Simon Muffree a Clergyman residing in the County of Southampton and Ichabod Johnson residing in the said County hereby certify that we are well acquainted with Ridley Drake who has subscribed and sworn to the above declaration that we believe him to be Seventy two years of age, that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn to and subscribed the day and year aforesaid.
S. Muffree
Ichabod Johnson
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogations prescribed by the War Department, that the above named Applicant was a revolutionary Soldier and served as the States and the Court further certify that it appears to them that Simon Muffree who has signed the foregoing Certificate is a Clergyman residing in the County of Southampton and that Ichabod Johnson who has also signed the same is a resident in the said County and is a credible person and that their statement is entitled to Credit.
I James Rochelle Clerk of the Court of Southampton aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ridley Drake for a Pension. In testimony whereof I have hereunto set my hand and the seal of my Office this 1 st day of December 1832.
James Rochelle bly

February 21, 1925.
Honorable Davis Elkins, United States Senate.
My dear Senator;
In response to your letter of the nineteenth instant, with the enclosed letter of Mrs. J. R. Rich, 113 College Hill, Princeton, West Virginia, I have the honor to advise you that from the papers in the Revolutionary War pension claim, S. 9386 , it appears that Ridly Drake (pensioned Ridley Drake) enlisted at the age of eighteen years and served at various times until after the capture of Cornwallis, twelve months and three weeks in all, under Captains Lewis Joyner, Mumford, Lewis, Tyler, Rodgers and Daniel Herring or Henning and Colonel Duval in the Virginia Troops.
He was allowed pension on his application executed November 19, 1832, while a resident of Southampton County (his native county), Virginia, aged seventy years.
There is no data on file as to his family.
I made this all in letter

1935-Feb. 20-List. to Mr. Davis & others for Mrs. J. P. Rich. MMH The letter in ch. 1. 8675 of Mr. Drake.
Rev. War
9388 INVALID.
File No. 9388
Binley Drake Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 102
[Arrangement of 1870.]

Ridley Drake,
Rev.
Adams Brook
March 23 day
$ 39.22
J. R. Gray. —
Jerusalem
va
W. H. Mason

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ridley Drake which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No.
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? No.
XVI. ‡Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
1. 2. & 7. 
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

# It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
REQUIRE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
REQUIRE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
# The applicant must specify his service as above required

Statement of The Service of Ridly Drake a prisoner in The rebellion for a during the Revolution
   Names of officers place or places where service performed how called in to arms & with what corps whether in field & in a Garrison & if in any civil employment Term of Service     Capt Lewis Joynes Norfolk by authority with the militia in field & in no civil employ Six weeks   Capt Mansford Babb's old field in Nansemond & on the Nansemond River by order with militia of State in field & in no civil employ Six weeks   Capt Lewis on the western bank of Nansemond River at Smithfield with militia called out by authority in field & in no civil employ Six weeks   Capt Joynes at Meads mills & Suffolk & the adjacent country with militia called out by authority in field & in no civil employ Six weeks   Capt Tyler Smithfield & Suffolk with militia called out by authority in field & in no civil employ Six weeks   Capt Redgers at Meads mills & the country around Suffolk & Norfolk with militia called out by authority in field & in no civil employ Six weeks   Capt David Herring in the county of Isle of Wight & Surrey constantly moving from one place to another with few of the militia called out by authority in field & in no civil employment Six weeks   Capt Lewis Joynes some places since an duty with militia called out by authority in field & in no civil employment Six weeks   Capt not remembered Nansemond county with militia called out by authority in field & in no civil employment Three weeks  
This day Ridly Drake personally appeared before me N. M. O'Callaghan a justice of the peace for the county of Southampton and made oath that the above statement of his services is true & further says that he saw many of the terms of duty which he is now unable to specify from age & infirmity nor can he speak with any precision as to dates as

relative to his arms above stated from the same cause but of the above arms he is confident known to & subscribed before me this 20th of November 1833
N. M. Gleece  JP
Reddy Drake
I James Rochelle Clerk of the County Court of Southampton County in the State of Virginia do hereby certify that Nicholas M. Gleece who has signed the above declaration of Reddy Drake is a magistrate in and for the County aforesaid and that his signature is genuine.
In testimony whereof I have affixed the seal of my office & subscribed my name hereto this the 28th day of November 1833.
James Rochelle Clerk

Rev. and 1812 Wars Section
mmvI
February 20, 1925
Honorable Davis Elkins United States Senate
My dear Senator:
In response to your letter of the 19th instant, with the enclosed letter of Mrs. J. R. Rich, 113 College Hill, Princeton, West Virginia, I have the honor to advise you that from the papers in the Revolutionary War pension claim S. 9388 it appears that Ridly Drake (pensioned Ridley Drake) enlisted at the age of eighteen years and served at various times until after the capture of Cornwallis, twelve months and three weeks in all, under Captains Lewis Joyner, Mumford, Lewis, Tyler, Rodgers and Daniel Herring or Hening and Colonel Duval, Virginia Troops.
He was allowed pension on his application executed November 19, 1832 while a resident of Southampton County (his native county), Virginia aged seventy years.
There is no data on file as to his family.
Very truly yours,
Commissioner.
There was also a Levin Joyner which this man's name resembles in writing, but " " was not of the militia.